Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

lazycis lazycis lazycis lazycis lazycis lazycis lazycis lazycis
CONGRATSSSSSSSSSSSSSSSSSSSSSSSSSSSS
I TOLD YOU THAT YOU ARE NEXT !!!!!

We should all stick around to help the others who did not get their GC/Citizenship yet....
congrats again my friend... I hope u keep ur case going (if possible) ...
lotech guy.. u're next !
 
Hiram said:
lazycis lazycis lazycis lazycis lazycis lazycis lazycis lazycis
CONGRATSSSSSSSSSSSSSSSSSSSSSSSSSSSS
I TOLD YOU THAT YOU ARE NEXT !!!!!

We should all stick around to help the others who did not get their GC/Citizenship yet....
congrats again my friend... I hope u keep ur case going (if possible) ...
lotech guy.. u're next !
Click to expand...

lotech guy is already a citizen. I highly doubt whether he can or wants to go thru this process again :):):)
 
update

AILF does not want to continue fighting for my appeal saying that the court will dismiss it as moot anyway. So I have little choice but to withdraw it. Better luck next time :)
 
Lazycis

Congratulations on the well deserved success.
Before your case becomes moot, the AUSA needs to file a motion for mootness. You can oppose the motion even though AILF is not going to help you with your opposition. I am pretty sure that if you survive the motion to dismiss for mooteness, AILF will be more than happy to participate in the jurisdictional discussions.
My suggestion is that you wait for AUSA to file the motion and oppose it. Even if the motion is granted, you won't set a negative precedence.
 
Slow_CIS

I'll give it some thought. Maybe I'll let the court decide whether to dismiss it or not. This is funny, I exchanged e-mails with AUSA today and she almost hinted that I should not dismiss the appeal voluntarily. She was not even sure if she will file a motion to dismiss as moot. Reading the circuit court rulebook, I found that only apellant can dismiss the appeal voluntarily.
 
lazycis said:
Well, after 11+ months of fighting, the USCIS caved in and send I-485 approval notices for my family (along with my new EAD to rub it in :eek:). Just wanted to share a good news. Now where do I put all those cannons?
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Lazycis, Congratulations! You well deserved this. Your victory is inspiring those who are still fighting.

Pengdi
 
AGC4ME said:
lotech guy is already a citizen. I highly doubt whether he can or wants to go thru this process again :):):)
Click to expand...

:) You are right my friend. All the hell I went thru was enough to make me pray I not be an immigrant in the next life if I get a shot at it.
 
just an interesting quote from SC

MATHEWS v. DIAZ, 426 U.S. 67 (1976)
"There are literally millions of aliens within the jurisdiction of the United States. The Fifth Amendment, as well as the Fourteenth Amendment, protects every one of these persons from deprivation of life, liberty, or property without due process of law. Wong Yang Sung v. McGrath, 339 U.S. 33, 48-51; Wong Wing v. United States, 163 U.S. 228, 238; see Russian Fleet v. United States, 282 U.S. 481, 489. Even one whose presence in this country is unlawful, involuntary, or transitory is entitled to that constitutional protection."
 
Go Sox!

lazycis, I get a kick out of your nick! congrats in order of course. I am in your circuit (1st) but in Boston. I am interested in finding out what minimum amount of time constitutes an unreasonable delay in the eyes of this circuit.
I am planning at 18 month mark. Does your earlier post contain all the docs etc used in your case? Your collection will certainly be very helpful for 1st Circuiter (if that's even a word!!).

My and my wife's 485 just got transferred from TSC to Lincoln, NE and I see two LUDs after that, does that mean anything?
 
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Just got call from US Attorney's office

My FBI namecheck is complete.

Filed case on 8/31
I have been fingerprinted on 11/23
namecheck complete

Waiting for Oath letter.

Just got call from US Attorney office where they wanted to dismiss the case. I wanted to get refunded on the case fee that I paid and I was told that it is not possible.

I refused to get the case dismissed and let the judge decide on how I can get reimbursed for my expenses for filing the case.
 
lazycis said:
I'll give it some thought. Maybe I'll let the court decide whether to dismiss it or not. This is funny, I exchanged e-mails with AUSA today and she almost hinted that I should not dismiss the appeal voluntarily. She was not even sure if she will file a motion to dismiss as moot. Reading the circuit court rulebook, I found that only apellant can dismiss the appeal voluntarily.
Click to expand...

If your time permits, you should go anyway to the oral hearing. You hopefully will never have another chance in your life to see an appellate courtroom from inside and be one of the players. I think that there is little chance that there will be an actual hearing. If the judges find out that the case is moot, they will dismiss your case. Still, I don't believe that this would create any negative precedence, because they will dismiss the case without looking to the arguments, just because it became moot.
 
njain1 said:
My FBI namecheck is complete.

Filed case on 8/31
I have been fingerprinted on 11/23
namecheck complete

Waiting for Oath letter.

Just got call from US Attorney office where they wanted to dismiss the case. I wanted to get refunded on the case fee that I paid and I was told that it is not possible.

I refused to get the case dismissed and let the judge decide on how I can get reimbursed for my expenses for filing the case.
Click to expand...

First of all, congratulations. Looks like you got what you wanted. Get some written proof that your application was adjudicated. After that you don't have much choice than to agree in a joint motion to dismiss your case. You will not get your costs reimbursed, because you didn't become prevailing party. The court will not look in your case after the judge finds out that your case was approved. In order to become prevailing party, you should win your case. If defendants act before the judge orders anything, nobody prevails and each party supports his/her own costs. This is more painful when you have to pay couple of $1000's to a lawyer. If you filed pro se you will need to swallow 'only' $350 + mailing costs.
 
shamrockNYC said:
I have been following this website and all the participants for a while and i am very impressed with the knowledge ,courage and support you guys have been showing.
I reside in nyc and i filed my N-400 application in may 2007.Got my fingerprints taken in june and had my interview at 26 federal plaza on Augt 16.All my papers are perfect. i pay my taxes and the interview was piece of cake.At the end of the interview the officer(mrs/ms Bilal) told me that everything's fine and i ll be receiving my oath date letter in the mail.it has been more than 90 days and i havent received anything yet.i filed my application in may 2nd so i shouldnt be concerned about the influx of applications USCIS claimed to have received between june and augt.I called the NSC(1-800 hotline) and first i was told that they didnt have any records of me being already interviewed.Then after i explained them the situation, call got transferred to a supervisor and she told me that they r doing a background check on me and my native country is not very helpfull releasing the information they need to complete this process which i think is totally absurd given the fact that i have been living here for 12 years and
i have been back home only 3 times for a week each times.My question is
" is this something that USCIS use as an excuse to cover their lack of capabilty to conduct this check in a timely fashion?"
Click to expand...

It is hard to tell. Maybe, but is more likely that somebody decided that they need some info from your country of origin and they will not finish your background check till they don't get it. I don't think that we have any reliable information what can trigger certain actions taken during the background check, of course there are many speculations floating around...

The good news is that you are in a pretty good situation because you had already your interview, which triggered the 120 day clock. So if you are eager to get your citizenship ASAP and you are willing to pay either an immigration lawyer to represent you or only the court fee+mailing (going pro se) AND spend many hours learning about the judiciar system in general and 1447(b) cases in particular, you can file a lawsuit in your federal district court as soon as your time is up. There is a good chance that either your background check will be completed 'miraculously' and your case will be adjudicated before the judge looks seriously to your case or you win your case and the judge will order defendants to complete your case in certain amount of time.
 
PAZ1960 when do u think is the best time to file a 1447(b)

Thank your for your respond and wisdom Paz.I really have no intentions to wait god knows how many years for USCIS to complete whatever they claim that needs to be completed and make a decision on my naturalization application.What would be the best time to take action and take this into court and file a 1447(b).Tomorrow i will be compiling a letter to request case status . I have already called and spoke to 3 different agents from the hot line and one of them was a supervisor.I am planning on scheduling a INFOPASS appt as soon as the 120 day dead line is over.Do u think i should
make a FOIA request just incase to show in court that i have tried every remedy and resource . But again most importantly when do u think would be the best time to file 1447(b) in court.Should i wait couple more months
after 120 days dead line or not??
 
shamrockNYC

If 120 days have been passed, NOW is the best time. You do not need to make any additional efforts to resolve the issue before filing lawsuit. The passage of time is enough for 1447b case.
 
a question about name check

I called NSC today twice consulting about the name check status. The first lady seems to be very nice and told me that my name check has been cleared and it is under review. I got too excited and thanked her and hung up the phone. Later on, I became a bit suspitious and I called again. This time it was some one different and she told me that my NC is still pending. I don't know who to believe. Is there a way to find out for sure?

I filed WOM September 27th, 2007 and the deadline for the goverment to response is December 3rd, 2007. Thanks.
 
wommei said:
I called NSC today twice consulting about the name check status. The first lady seems to be very nice and told me that my name check has been cleared and it is under review. I got too excited and thanked her and hung up the phone. Later on, I became a bit suspitious and I called again. This time it was some one different and she told me that my NC is still pending. I don't know who to believe. Is there a way to find out for sure?

I filed WOM September 27th, 2007 and the deadline for the goverment to response is December 3rd, 2007. Thanks.
Click to expand...

Take an infopass appointment and check with them again in local USCIS office.
 
What does second FP imply?

My naturalization case has been pending due to name check since Jan 06, when I passed my examination at the interview with local USCIS office. I did not file any law suit, nor did I write to any government officials. Then a few weeks ago, I received my 2nd fingerprints notice and had it done right away.

My question is: What does this mean? Does it mean that the USCIS is working on my case, "again", so an approval is coming soon? Or is it simply USCIS' way to "re-activate" the dormant files with expired fingerprints? Thanks!

My info:
PD: Aug 05
FP (1st): Sep 05
Interview: Jan 06
FP (2nd): Nov 07
Svc Ctr: NSC
 
14 days after I filed complaint, my AOS approved

Hi,

First, I have to say thank you for the great help I received from this forum.

Background:
1. Marriage-based GC filed in July 2005
2. Interviewed in Feb 2006, was told that NC is pending.
3. Second FP in Aug 2007.
4. Filed original complaint on 11/15/07 in San Jose court of North district of California.
5. Served the three defendants on the same day, also send copies to clerk of district attorney.
6. 11/20/07, I filed the proof of service with court (using the email confirmations from usps.com, I am still waiting for two return receipts from DC).
7. 11/28/07, I received email from USCIS that "card production ordered"

thanks

Never2late2sue
 
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